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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Divorced 6 months in Ohio ex has not refinanced the once jointly owned property,if he dies (he is older) am I liable?

In the divorce I let him keep the two Florida residences that I signed on with him while married.

Todd B. Kotler
Todd B. Kotler
answered on May 30, 2023

This question does not contain enough information to give a comprehensive answer. The answer is going to depend on the precise wording of the Separation Agreement incorporated into the divorce decree and the loan agreement for the financing. More likely than not, you remain responsible to the... Read more »

2 Answers | Asked in Estate Planning for Ohio on
Q: In a trust if it says all assets to be split does that include savings and checking even with a TOD in place on them?

The trust doesn’t mention any certain assets just says all assets to be split. But the checking and savings have a transfer of death to someone else and they are saying it’s all theirs.

Andrew Popp
Andrew Popp
answered on May 28, 2023

Trusts only control assets that are inside the Trust. As Mr. Toron said, if an account is owned by a Trust and has a POD/TOD designation, that will not do anything as Trusts do not "die."

For a review of Trust assets and to determine how they will get to a beneficiary I highly...
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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Married 5 years. Husband put name on deed after 1 year of marriage. Is there a case that shows a spouse is entitled?

Separated after 4 years 8 months. Is spouse entitled to 50 percent? Is there any case law showing someone receiving a percentage? The house was the husband's previously but wife helped with remodeling.

Todd B. Kotler
Todd B. Kotler
answered on May 26, 2023

This case will be arguable from several different perspectives. The original owner of the property may wish to argue it is still mostly separate property (up to the value at the time of marriage or the revision to the deed). The spouse has an argument that the property is now marital being... Read more »

1 Answer | Asked in Employment Law, Employment Discrimination and Sexual Harassment for Ohio on
Q: What should I do if I'm witnessing sexual harrasment at my job? The HR department knows, but it hasn't stopped.

My brother was fired from my current employer that my Father, and I still work at. This lead to a series of events of discrimination, ultimately people treating me poorly. Then, this lead to sexual harrasment that has been reported to the HR department, but the harrasment has not stopped. First it... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

There are Federal laws and state laws prohibiting Sexual Harassment in employment. You said you are being harassed by both a man and woman, but you haven't described how you think this is sexual in nature. Are they asking you for sexual favors? And your father too? Not all harassment is... Read more »

1 Answer | Asked in Probate for Ohio on
Q: Does the certificate of transfer supersede the wishes of a will that has gone through probate?

I have a will that gives to the husband as a life estate, then to the daughter as a life estate, then to the granddaughter. The certificate of transfer gives to the daughter, who then conveys the land to another party. It appears that they have ignored or forgotten that the daughter would have... Read more »

Joseph Jaap
Joseph Jaap
answered on May 24, 2023

If the Certificate of Transfer is incorrect, then contact the attorney for the estate to file with the probate court to have it corrected. If the daughter sold the property, there could be a real estate title issue for her and the buyer to resolve. If the buyer did a title examination, that... Read more »

1 Answer | Asked in Civil Litigation, Family Law and Domestic Violence for Ohio on
Q: Can an officer of the court lie to you, preventing you from information regarding your own case?

I called the county I was sure my soon to be ex filed for divorce in, but the lady was snarky and evasive, so I traveled to that county and she was extremely rude to me, then fake typed my info in, I literally watched her type nonsense the hit enter.

Todd B. Kotler
Todd B. Kotler
answered on May 24, 2023

From your question one cannot tell if the person with whom you disagree is actually an officer of the court. It looks like it might be a deputy clerk of courts, which is a little different. I recommend finding out from the clerk of court's website whether the information you are seeking is... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Ohio on
Q: Do I need a real estate lawyer when I'm forced to pay taxes that should have been prorated since my wife is totally disa

Disabled and just recently had a major heart attack 20 days ago then 4 days ago last week sometime

Todd B. Kotler
Todd B. Kotler
answered on May 21, 2023

You may wish to do so. In order to receive a disability you will likely need to file a DTE Form 105A

You may find Ohio Tax forms here

https://tax.ohio.gov/wps/portal/gov/tax/business/ohio-business-taxes/sales-and-use/information-releases/st200502

ANd bulletins specific to...
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2 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: Trademark Question: Same name, different services provided, different logo design, am I allowed to use that name?

Based in Ohio, I wanted to use a "NAME" for my architectural services business. There is an active mark with the same "NAME" registered to someone in California providing Electrical messaging services. Am I allowed to use that "NAME" for my business, and/or file that... Read more »

Joseph Jaap
Joseph Jaap
answered on May 19, 2023

Trademark issues and analyzing the potential risk of an infringement lawsuit are too fact-specific to generalize. You could apply to the US Patent and Trademark Office to register your name for a determination if you can register it. But if you do that, the registrant in CA could learn of your... Read more »

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2 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: Trademark Question: Same name, different services provided, different logo design, am I allowed to use that name?

Based in Ohio, I wanted to use a "NAME" for my architectural services business. There is an active mark with the same "NAME" registered to someone in California providing Electrical messaging services. Am I allowed to use that "NAME" for my business, and/or file that... Read more »

James L. Arrasmith
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answered on May 22, 2023

Using the same name for your architectural services business may be possible, even if there is an active trademark with the same name in California for electrical messaging services. However, it is important to conduct a thorough trademark search and consult with a trademark attorney to assess... Read more »

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1 Answer | Asked in Probate for Ohio on
Q: What do I do if the probate attorney that is handling my grandmother estate does not contact me?

Left numerous voicemails and finally a call went through and the attorney answered and took my name and phone number and said they would get back to me. It has been 3 months since I have received the notice of inventory and appraisal of the estate with no further contact from the attorney or the... Read more »

Joseph Jaap
Joseph Jaap
answered on May 18, 2023

The case documents are available to the public on-line. So anyone can log in to see them and see what the progress is. The probate process can move slowly. The attorney for the estate represents the estate and works with the executor, and is not necessarily obligated to keep anyone else informed... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: Do you help with paternity? there were 2 other men she slept with.

She won't let him see the baby. If it is his we wants a relationship with his son hamilton ,oh

Raquel Ann Parish
Raquel Ann Parish
answered on May 15, 2023

Unmarried Fathers can register their potential paternity with the Ohio putative Father's registry so the state is aware of the Father's claims. Unmarried Fathers in Ohio can go to Child Support to request DNA testing and an administrative order of Paternity to establish parentage.... Read more »

2 Answers | Asked in Criminal Law for Ohio on
Q: can I get arrested for using something I was told I can use?

I am 18 and live with my dad. I have started mowing yards in my neighborhood and I’ve been using my dads mower. He didn’t care that I’ve been using it or wanted to. My siblings went somewhere without asking while he was working and I didn’t know and when my dad found out he told me I... Read more »

Marcus A. Ross
Marcus A. Ross
answered on May 13, 2023

Your father can file an Unauthorized Use of Property Charge or Theft charge against you if he gave you specific instructions not to use or possess the lawnmower. Unauthorized Use of Property or Theft are criminal offense(s) which can be misdemeanor or felony classification offenses based on the... Read more »

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2 Answers | Asked in Criminal Law for Ohio on
Q: can I get arrested for using something I was told I can use?

I am 18 and live with my dad. I have started mowing yards in my neighborhood and I’ve been using my dads mower. He didn’t care that I’ve been using it or wanted to. My siblings went somewhere without asking while he was working and I didn’t know and when my dad found out he told me I... Read more »

William Jeptha Williford
William Jeptha Williford
answered on May 13, 2023

As an 18 year old adult, or anyone of any age, for that matter, I would suggest that you not take the mower. As I understand it, he has told you that you are no longer welcome to it; taking it without his consent could be problematic for you. I would just speak to the owner of the yard and... Read more »

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2 Answers | Asked in Child Custody, Immigration Law and Family Law for Ohio on
Q: If someone from Canada on a visa has a child and has primary custody can they move minor child without other parents

Consent in a joint custody agreement

James L. Arrasmith
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answered on May 16, 2023

When it comes to child custody and relocation, it's essential to consult with a legal professional who specializes in family law in the relevant jurisdiction, as laws may vary depending on the specific circumstances and local regulations.

In Canada, if parents have joint custody of a...
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1 Answer | Asked in Criminal Law for Ohio on
Q: What does prosecutors designation of nondisclosure of evidence or for counsel only mean??
Patrick DiChiro
Patrick DiChiro
answered on May 12, 2023

This is a Designation allowed under Ohio Criminal Rule 16(C), which states as follows:

"(C) Prosecuting attorney’s designation of “counsel only” materials. The prosecuting attorney may designate any material subject to disclosure under this rule as “counsel only” by stamping...
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1 Answer | Asked in Probate for Ohio on
Q: Should I sign beneficiary paperwork if I plan on contesting the % since the POA changed them to better her position?

POA (stepmom) reduced mine & brothers %s by 20% each & increased hers by 40%. Dad had altzheimers & couldn’t have made the decision at the time it was changed. Poa had authority with restrictions to follow estate plan.

Aaron Epling
Aaron Epling
answered on May 8, 2023

Your attorney should be answering this question for you. That said, I would probably go ahead and take the lower percentage. Once the litigation begins, the company distributing the money may freeze the account. And, you may need the money to help pay for the costs of litigation. But, even if you... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I have a safety plan through CPS not court ordered never went to court. The person I had as my safety person is keeping

They are keeping my children from me. My daughter has an appointment today out in Morgantown to see if she has to get surgery the person safety plan told me that she canceled the appointment but is told other people that she does have an appointment tomorrow she will not tell me what's going... Read more »

Todd B. Kotler
Todd B. Kotler
answered on May 4, 2023

You need to write CPS and refer to the fact that you retain custody per your Safety Plan. Review the written plan to make sure this is the case. Ask in your writing for all documents concerning your child's medical care. Most importantly, you should seek an attorney to help with... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: I no longer want my child, but my spouse does. If I abandon the household, but pay my spouse, will I be charged?

My spouse wants the child, works full time and I did not sign up to be a full-time caretaker after an unwanted pregnancy. If I abandoned the household and moved, possibly to another state, but paid my spouse a significant chunk of money every month to support the child will I go to jail for child... Read more »

Todd B. Kotler
Todd B. Kotler
answered on May 4, 2023

If you leave your child in the care of your spouse you will not be criminally charged. Your spouse may seek and likely get an order compelling you to pay child support. Ohio is a no-fault divorce state so the two of you may terminate your marriage for any reason, including incompatibility. Your... Read more »

2 Answers | Asked in Elder Law and Public Benefits for Ohio on
Q: Medicaid question.92 year old father in rehab/nursing home will need to go next to long-term care. His income qualifies

him for Medicaid. His home has been a mobile home. Its fair market value is $7400 and that is his only physical asset. If he applies for Medicaid now and is accepted, as soon as we sell the trailer, his assets will be above $2000 which makes him ineligible for Medicaid until he spends down the... Read more »

Moshe Toron Esq
Moshe Toron Esq
answered on May 3, 2023

It can work out either way. If you are able to find items to spend on now, before he needs Medicaid, then that is a good option. The main thing is to sell it for the proper blue-book value and spend the funds down before he needs Medicaid.

Or you can get qualified for Medicaid first. Then,...
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2 Answers | Asked in Intellectual Property and Trademark for Ohio on
Q: I looked up the phrase "Empowered women empower women" to see if it is copyrighted. It is trademarked, what's that mean?

What is the difference between the two. If I use the phrase on a product, will I be in danger of a lawsuit?

Eugene Vamos
Eugene Vamos
answered on May 3, 2023

The danger of trademark infringement depends on the type of good/service you are going to use the phrase in as a trademark. You will have to examine the prior trademark registration to see what goods/service categories the registration encompasses and then compare it to your use. If the... Read more »

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